United States District Court, M.D. Pennsylvania
Jeffrey A. Finucane, Assistant United States Attorney,
Martinsburg, West Virginia Counsel for the United States of
F. CONNOLLY, UNITED STATES DISTRICT JUDGE.
April 17, 2019, Defendant Keith Thomas Dougherty was charged
by a grand jury in the Middle District of Pennsylvania with
one count of mailing threatening communications to a federal
district court judge in violation of 18 U.S.C. §876(c),
and one count of using electronic mail to threaten another
federal district court judge in violation of 18 U.S.C. §
875(c). D.I. 1. To avoid any appearance of impropriety or
conflict of interest, the case is being prosecuted by the
United States Attorney for the Northern District of West
Virginia. Pursuant to 28 U.S.C. § 292(b), the Chief
Judge of the United States Court of Appeals for Third Circuit
designated this Court to preside over the case. D.I. 8.
before the Court are six motions filed by Defendant.
government did not seek to detain Defendant pending trial.
Accordingly, the Magistrate Judge released him under the
supervision of the United States Pretrial Services Office.
6, 2019, the Magistrate Judge appointed the Federal Public
Defender in the Middle District of Pennsylvania to represent
Defendant. D.I. 10. On May 23, 2019, Defendant entered a plea
of not guilty and the Magistrate Judge ordered that all
pre-trial motions be filed on or before June 24, 2019. D.I.
28, 2019, the Defendant mailed a nine-page, incoherent letter
to the Magistrate Judge titled "Letter to the Court
demand for (pro se access] to the 'retaliatory
indictment scheme' [the West Virginian DA] 'does not
wish to be contacted' [per Video] Conference
(statement)[.]" D.I. 17 (brackets in the original).
14, 2019, Mr. Thomas Young, Esquire, from the Office of the
Federal Public Defender for the District of New Jersey was
substituted as Defendant's counsel. D.I. 19. Shortly
after his appointment, Mr. Young requested that the deadline
for pre-trial motions be extended for 60 days. The Court
granted this reasonable request and ordered pre-trial motions
to be filed no later than August 26, 2019. D.I 22.
on Defendant's May 28, 2019 letter and his repeated and
often hostile telephone calls to the Court's chambers and
the clerk's office, the United States Pretrial Services
Office requested that the terms of Defendant's pre-trial
release be modified to require Defendant to undergo a mental
health evaluation. Defendant and the government consented to
this request on June 21, 2019, and the Court granted the
request. D.I. 15, 16.
24, 2019, Defendant faxed to the clerk's office a series
of emails he had exchanged with Mr. Young. Defendant wrote on
the cover sheet to the fax that he had fired Mr. Young. D.I.
1, 2019, Dr. Bruke Tadesse, a pscyhologist retained by the
Pretrial Services Office, examined Defendant. Dr. Tadesse
found among other things that Defendant's "[t]hought
content was free of psychosis or delusions[, ]" his
"[t]hought [p]rocess was logical, linear and goal
directed[, ]" his "[i]nsight and [j]udgment was
good[J" and his "[c]ognition appeared grossly
intact." D.I. 61 at 2.
8, 2019 and July 12, 2019, Defendant filed two more letters
with the Court's clerk. Though the letters are rambling
and have incoherent passages and references, it can be
discerned from them that Defendant alleged that the
clerk's office had engaged in criminal conduct by
refusing to provide Defendant with access to the court's
electronic filing system, that Defendant had fired his
attorney, and that Defendant's emails with his counsel
had been "surreptitiously removed" by "FBI or
NSA" from Defendant's email account. D.I. 26, 27.
August 2, 2019, Defendant filed an "Entry of
Appearance," by which he "demand[ed] entry of
appearance pro se[.]" D.I. 28. On August 12, 2019,
Defendant filed another rambling and largely incoherent